apamama
| Terms Of Use
WAPAMAMA is a private wap-based online service,
which provides free wap-site building tools and free wap-site hosting.
We offer our users up to 1MB of wap space, and many site building
and editing tools (the "Service").
WAPAMAMA is owned and provided by ARX.NET SA (4 Aristotelous Str.,
54625 Thessaloniki, Greece - tel. +302310250151, www.arx.net),
subject to the present terms of use. These terms of use ("Terms")
govern your access and use of WAPAMAMA and all of its services and
constitute a binding legal agreement ("Agreement") between you as
an authorized user of WAPAMAMA ("you" or "User"), and ARX.NET SA.
By using WAPAMAMA, you confirm your acceptance of, and agree to
be bound by, these Terms and Agreement.
1. User Information.
The personal information that you provide when you subscribe to
WAPAMAMA, together with information regarding the manner in which
you use WAPAMAMA, will not be processed or disclosed by ARX.NET
SA except as permitted by this Agreement. Any personal information
supplied by you upon registering for the Service is subject to WAPAMAMA's
Privacy Policy. ARX.NET SA may send you newsletters and e-mail messages
to inform you of new products, promotions, features and helpful
tips for ARX.NET SA's services. For more information, you may review
the WAPAMAMA Privacy Policy, which is hereby incorporated into this
Agreement.
2. WAPAMAMA Usage - Content.
You may create a wap site subject to these Terms and applicable
law. All wap pages are subject to review, modification and deletion
without notice by ARX.NET SA or an authorized agent. Furthermore,
ARX.NET SA reserves the right, in its sole discretion, to tag any
wap page as inappropriate, as unsuitable for minors etc, or to display
or insert any kind of warning towards the visitors of any wap site
regarding the content of such wap site.
WAPAMAMA or ARX.NET SA does not endorse or vet or stand behind the
accuracy, truthfulness, reliability or lawfulness of any information,
content or other material (including statements of opinion or advice)
provided on or by means of WAPAMAMA, other than information provided
by authorized WAPAMAMA spokespersons. Statements made in wap pages
reflect only the views of their authors.
ARX.NET SA is not responsible for the content of any User wap pages.
Users will be held legally responsible for the contents of their
wab pages, including but not limited to use of copyrighted material
without the permission of the author or posting material considered
indecent for minors. The use of WAPAMAMA for illegal purposes is
strictly forbidden and any wap page found to be or believed to be,
in ARX.NET SA's sole discretion, violating the law may be removed
without notice.
Accordingly, you are solely responsible for your communications
via, and your use of, WAPAMAMA. You may not, under any circumstances,
do any of the following: (a) may not obtain paid advertising for
your wap-page; (b) publish, post, distribute or disseminate defamatory,
infringing, obscene, deceptive or other unlawful material or information
via WAPAMAMA; (c) use WAPAMAMA to threaten, harass, stalk, abuse,
or otherwise violate the legal rights (including rights of privacy
and publicity) of others; (d) send unsolicited mail or other messages
(AKA spam) to promote your WAPAMAMA wap site; (e) publish, post,
distribute, or disseminate material protected by intellectual property
laws, rights of privacy or publicity, or any other applicable law
unless you own or control the rights thereto or have received all
necessary consents; (f) operate a wap site with WAPAMAMA without
a valid e-mail address; (g) use WAPAMAMA in a manner that adversely
affects the availability of its resources to other Users; (h) falsely
purport to be a WAPAMAMA or ARX.NET SA employee or agent; or (i)
cause repeated disruptive incidents, or act, or fail to act, in
your use of WAPAMAMA, in a manner that is contrary to applicable
law or regulation. In addition, ARX.NET SA makes no guarantee as
to the availability of the Service and is not liable in anyway for
loss of service.
You agree to (a) maintain all equipment required for your access
to and use of WAPAMAMA; (b) maintain the security of your User identification,
password and other confidential information relating to your WAPAMAMA
account; and (c) be responsible for all charges resulting from use
of your WAPAMAMA account, including unauthorized use prior to your
notifying WAPAMAMA of such use and taking steps to prevent its further
occurrence by changing your password.
Either you or ARX.NET SA may terminate your WAPAMAMA subscription
at any time, with or without cause.
In any case, ARX.NET SA reserves the right to cancel, suspend or
refuse access to the Service to anyone in its sole discretion, as
well as to delete any page it deems unacceptable for any reason
without prior verbal or written notice.
Furthermore, ARX.NET SA is not responsible for the contents of any
linked site or any link contained in a linked site, or any changes
or updated to such third party sites. The inclusion of any link
or embedded third party content does not imply endorsement by ARX.NET
SA of the site linked or embedded and ARX.NET SA is not responsible
for any content or transmission received from any linked or embedded
third party site.
3. Operation.
ARX.NET SA reserves complete and sole discretion with respect to
the operation of WAPAMAMA.
4. User Representations.
You represent and warrant that:
- You are of legal age and that you possess the legal right and
ability to enter into this Agreement and to use WAPAMAMA in accordance
with these Terms.
- You agree to be financially solely responsible for your use of
WAPAMAMA and any of its services (as well as for the use of your
account by others, including minors living with you) and to comply
with your responsibilities and obligations as stated in these Terms.
- At the time of entering into this Agreement you are not relying
on any representation made by us which has not been stated expressly
in these Terms, or on any descriptions or specifications contained
in any other document, including any catalogues or publicity material
which we have produced.
- You will conduct such tests and virus scanning as may be necessary
to ensure that data uploaded by you onto or downloaded by you from
any WAPAMAMA server does not contain any virus and will not, in
any way, corrupt the data or systems of any person.
- You will keep secure any passwords used to upload data to any
WAPAMAMA server.
- You hold and will continue to hold the copyright in any content
that you upload to any WAPAMAMA server or that you are licensed
and will continue to be licensed to use and upload any such content.
- You will not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, frame
in another wap page, use on any other wap site or on any web site
or product, transfer, or sell any information, software, lists of
users, databases or other lists, products or services provided through
or obtained from the Service other than for use as contemplated
in any Service, including but not limited to the creation or operation
of User created wap sites, (collectively, "User Site") in accordance
with these Terms. This means, among other activities, that you agree
not to engage in the practices of "screen scraping", "database scraping",
or any other activity with the purpose of obtaining lists of users
or other information. You also agree that you will not use the Service
in any manner that could damage, disable, overburden, or impair
the Service or interfere with any other party's use and enjoyment
of the Service. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
or provided for through the Service. Except with the written permission
of ARX.NET SA, you agree that you will not access or attempt to
access password protected, secure or non-public areas of the Service.
If you attempt to access prohibited areas of the Service, you may
be subject to prosecution.
- You accept full responsibility for all information, content and
other material you issue over any WAPAMAMA service, and will indemnify
us and hold us harmless against any liability in relation thereto,
as well as for all costs, expenses, loss or liability that we may
suffer (directly or indirectly) resulting from your breach of these
Terms, your use or misuse of the Service and the use or misuse of
the Service by any person using your account. In particular you
undertake that you shall not publish or issue any information that
is illegal, offensive, defamatory or deceptive. You also acknowledge
that we do not vet or approve any information or material available
through the Service and that we do not accept any liability.
5. No Warranties and Limitation of Liability.
WAPAMAMA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ARX.NET
SA MAKES NO, AND DISCLAIMS ANY AND ALL, EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION, OPERATION
OR SECURITY THEREOF. ARX.NET SA MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING CONTENT, GOODS OR SERVICES PROVIDED BY ANY MERCHANT, IAP
OR CP. ARX.NET SA DOES NOT WARRANT THAT ACCESS TO OR USE OF WAPAMAMA
WILL BE INTRUDERSAFE, UNINTERRUPTED OR ERROR-FREE, OR THAT WAPAMAMA
SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
ARX.NET SA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY
OR ACCURACY.
YOUR USE OF WAPAMAMA SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF WAPAMAMA
SERVICES. YOU AGREE THAT ARX.NET SA AND PROVIDERS OF TELECOMMUNICATIONS
AND NETWORK SERVICES FOR ARX.NET SA (INCLUDING, WITHOUT LIMITATION,
IAPS) WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR
SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE
WAPAMAMA SERVICES, OR THE ACTIONS OR INACTIONS OF ANY OTHER USER,
EXTERNAL INTRUDER, MERCHANT CP OR IAP OR THE GOODS OR SERVICES THEY
PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER
BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WAPAMAMA HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU HEREBY RELEASE ARX.NET SA FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE
INABILITY TO USE THE SERVICE, ON ANY THEORY OF LIABILITY AND ANY
LEGAL GROUNDS, INCLUDING FOR ANY PAYMENTS MADE BY YOU RELATING TO
GOODS AND SERVICES PURCHASED FROM MERCHANTS, CPS OR IAPS, ANY UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR WAP-SITE, ANY TRANSMISSIONS OF DATA,
ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
ANY LOSS OF USE, DATA OR PROFITS, ANY FAILURE TO STORE OR LOSS OF
DATA, FILES OR OTHER CONTENT, AND ANY SERVICES THAT ARE DELAYED
OR INTERRUPTED
6. Charges - Advertisements
WAPAMAMA services are provided free of charge. However, ARX.NET
SA reserves the right to impose any fees for any WAPAMAMA services
at any time, provided, however, that ARX.NET SA will provide Users
with reasonable prior notice. If any User finds any change to the
Service to be unacceptable, User is free to cancel User's subscription
of the Service.
ARX.NET SA will have the right to insert text and/or banner advertisements
on any and all wap sites and/or wap pages provided on or by means
of WAPAMAMA free of charge, without Users obtaining any right or
claim there from.
7. Assignment; Household Use; Minors.
Your WAPAMAMA subscription is personal. Subject only to this Section
7, you agree not to assign, transfer or sublicense your rights as
a User. You may allow other persons of your household to use your
WAPAMAMA account, provided that you hereby agree to be responsible
for all other aspects of their usage.
8. Indemnification.
You agree to indemnify ARX.NET SA from and against any and all liabilities,
expenses (including attorneys' fees) and damages arising out of
claims based upon use of your WAPAMAMA account, including any claim
of libel, defamation, violation of rights of privacy or publicity,
loss of service by other Users and infringement of intellectual
property or other rights. WAPAMAMA will notify you promptly of any
claim for which ARX.NET SA seeks indemnification and will afford
you the opportunity to participate in the defense of such claim,
provided that your participation will not be conducted in a manner
prejudicial to WAPAMAMA's or ARX.NET SA's interests, as reasonably
determined by ARX.NET SA.
9. Notices; Consent.
Notices given by WAPAMAMA or ARX.NET SA to you will be given by
your posted e-mail address, or by a general posting on WAPAMAMA.
In any matter requiring WAPAMAMA's or ARX.NET SA's or prior consent,
such consent will be considered given only if made in the foregoing
manner by an authorized representative of ARX.NET SA. Notices given
by you to WAPAMAMA or ARX.NET SA must be given by e-mail addressed
as follows: info@wapamama.net, or by conventional mail. Notices
to WAPAMAMA or ARX.NET SA by conventional mail must be sent to the
address above written
10. Effective Date; Changes to Terms.
This Agreement takes effect on the date on which you first use WAPAMAMA
and continues until your WAPAMAMA subscription is terminated either
by you or by WAPAMAMA. ARX.NET SA RESERVES THE RIGHT TO CHANGE THIS
AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE
FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE TO OBTAIN TIMELY
NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF
WAPAMAMA AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF
THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
11. General.
These Terms and the Agreement are governed by the laws of Greece,
and you consent to the exclusive jurisdiction and venue of courts
in Thessaloniki, Greece in all disputes arising out of or relating
to your use of WAPAMAMA or your WAPAMAMA subscription.
You acknowledge that no joint venture, partnership, employment,
or agency relationship exists between you and WAPAMAMA or ARX.NET
SA as a result of your use of WAPAMAMA subscription. You agree not
to hold yourself out as a representative, agent or employee of WAPAMAMA
or ARX.NET SA, and that acknowledge that ARX.NET SA may not be liable
by reason of any representation, act or omission to act by you.
WAPAMAMA's performance under this Agreement is subject at all times
to existing laws and legal process and nothing contained in this
Agreement is in derogation of ARX.NET SA's right to comply with
law enforcement requests or requirements relating to a User's use
of WAPAMAMA.
This Agreement constitutes the entire agreement between ARX.NET
SA and you with respect to your use of WAPAMAMA and your WAPAMAMA
subscription, and it supersedes any and all other communications
and proposals, whether oral or written, between ARX.NET SA and you
with respect thereto.
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